Child's Best Interests - Court Orders Grandfather has time with his Grandson

The Full Court of the Family Court of Australia considered an appeal by parents, against a decision that the paternal grandfather be able to spend time with his grandson, aged 5 years.

The parents were separated, but united in their position that it was not in the child’s best interests to spend time with the grandfather. The parents were “concerned about the effect of what they perceive is his proprietorial attitude towards their son and the effect on the conflict between the adults, has on them and may have on the child.”

The grandfather did not dispute that the relationship with the parents was  difficult, but he saw it as the child’s right for him to be able to spend significant time with his grandfather.   The Court considered that the child spending time with grandfather would increase stress on the paternal relationship and recognised there were risks in ordering time but decided “…..it is in the child’s best interests for him to resume his relationship with his grandfather.”

The case confirms the right of children to be able to spend time with their grandparents, however every case will very much depend on the facts.  The views of the parents is important, but the Court must consider what is in the best interests of the child.

Sarti & Sarti (No.3) [2020]